Les "mythes" du copyright - Publishers Association

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• Publié par: ActuaLitte.com
• Publié le: 02 juillet 2015
• Nombre de lectures: 375
• Langue: English

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COPYRIGHT AND THE DIGITAL SINGLE MARKET
BUSTING THE MYTHS
There are a lot of myths circulating which portray copyright as an obstacle to the digital single market. This
briefing document debunks some of them.

MYTH #1 Copyright needs to be modernised to achieve the digital single market
Copyright is delivering a digital single market. The ability of publishers to simultaneously license works across
the EU – and in many cases the world – derives from the current copyright framework. The development
of digital services, be they in publishing, music, games or film, springs entirely from the provisions of the
Information Society Directive. Current copyright ensures that creators are rewarded and the companies which
invest in them are incentivised. At the same time it seeks to prevent people doing things with a creator’s work
without their permission – such as copying it, selling it or making it available to others. The digital economy
requires there to be transactions and copyright is the fundamental basis for the buying, selling and licensing
of creative works.
MYTH #2 Exceptions need to be harmonised so that rights don’t change at each border
Fully harmonising exceptions so that the same rules are mandated across the EU will be hugely disruptive
and would result in some creators being deprived of rights. There are different legal traditions across the
EU with long-established precedents in place (for example, in France there is a much stronger protection of
the author’s moral rights). Variations in copyright law, within the over-arching framework of the Directive, are
currently permitted in order to recognise these inherent cultural and legal differences. Imposing a single order
on the whole of the EU’s creators would almost inevitably cause some to have their rights eroded.
MYTH # 3 Text and data mining is not possible without an exception
It is possible – and has been for years. Publishers have long been developing tools and services to enable
researchers to text and data mine journals; many research publishers make it available for no extra charge.
The market-based licence solutions can be tailored to the needs of different researchers and enable publishers
to check bona fides and ensure the integrity of the content platform. A blanket exception would remove this
vital ability of control, but would not address the researchers’ concerns about different publisher platforms and
technologies. To address these, a number of technology solutions have been developed, including CrossRef,
PLS Clear and RightFind XML for Mining from the Copyright Clearance Centre.
MYTH #4 University students can’t access online resources across borders
Yes they can. Academic publishers work closely with universities to provide their content in the most
appropriate format to meet the needs of students, wherever they may be based. The licences under which
publishers provide universities with material do permit students to access course materials from anywhere in
the EU (and very often the world).
MYTH #5 Copyright stops me buying ebooks on any device, and from reading my ebooks when I am abroad
It’s not copyright, it’s the retailers’ policy. The Kindle system is designed so as to only allow books bought on
the Kindle platform to be read on the Kindle e-reader. And although the Kindle app allows reading on tablets,
this is only a one-way street. This is the result of specific decisions taken by retailers, not publishers, and not
because of copyright law. Similarly, any restrictions which you may encounter when travelling are caused by
the technology and your device; but nothing to do with copyright.MYTH #6 School teachers are not able to access resources published in other member states
There is no effective demand for this. In both the primary and secondary school markets textbooks and other
resources are produced explicitly to assist the delivery of each member state’s curriculum. As such the supply
and demand for such materials is highly country-specific and cross-border requirements are minimal. Should
there be such a demand (for example, if a school in France was teaching the English curriculum) then these
materials can easily be sourced and a licence secured.
MYTH #7 Libraries cannot lend e-books without there being a change in copyright law
Libraries already can – and do – lend ebooks under the current copyright law. A variety of agreements
between authors, publishers and libraries are in place across the EU which are giving rise to thriving models
of e-book lending. The licences underpinning these models help ensure that authors are rewarded when
their works are enjoyed, and ensures that authors are willing for their works to be borrowed in this way. An
exception to copyright which allowed libraries to lend all ebooks would take away this support for authors.
It would also undermine the ability of authors to sell their works in the primary market, thus further depriving
them of income.
MYTH #8 The American “Fair Use” Copyright regime would be far better
The introduction of Fair Use would be highly disruptive and expensive for creators and consumers. There is
no established basis in European law for the concept of “fair use”, whereas in the US it has been fine-tuned
over 170 years of established legal precedents. Simply introducing the concept into EU law would presage
a great number of legal cases, with associated high legal costs, as the market – and judges – came to an
agreement as to what the terms allowed and precluded. Since there is no evidence that the present system
is in need of radical reform, introducing Fair Use would be an unnecessary and damaging step, and one which
would have limited application given that international rules on copyright, such as the Three Step Test, would
still apply.
MYTH #9 Education is a social good therefore schools should not have to pay for textbooks
Just because something is a social good does not imply it should be free. Textbooks are no different from
teachers in this respect – and it could not be argued that teachers should work without pay. Education
publishers work with teachers to deliver high quality, pedagogically sound teaching resources linked to the
national curriculum. There is a cost to this which needs to be recouped so writers can be paid and money
reinvested in producing more high quality pedagogically sound teaching resources. Schools have to pay for
many items necessary to teaching such as tables, chairs, pens and pencils. Writers of textbooks should not
be treated differently from other forms of suppliers.
MYTH #10 An ebook is the same as a normal book and therefore I should be able to resell it
It is not the same. Physical and digital books have very different properties and so require different treatments
as regards the ability to re-sell them. An ebook is easier to copy and digital copies are identical clones of the
original work meaning that second-hand goods are largely indistinguishable from the original; they can be
reproduced indefinitely without any loss of quality. They can also be circulated widely without control but even
introducing a “forward and delete” function would not provide effective protection given the ease with which
such measures can be circumvented. It is clear that the existence of a market for second hand digital copies
will destroy the primary market for authors and publishers.